Delegated Powers and Law Reform Committee
COVID Passports
Letter from the Convener to Minister for Parliamentary Business, 7 September 2021
Dear George,
At today's meeting, it discussed the expected parliamentary debate later this week on a COVID-19 vaccine certificate scheme.
While the Committee recognises that the debate will be an opportunity to consider the principle of such a scheme, it also has a strong interest in the parliamentary scrutiny of any ensuing regulations which may be laid to put such a scheme on a legal footing. The Committee was particularly interested in what parliamentary procedure might be used for such regulations.
As you may know, the Session 5 Delegated Powers and Law Reform Committee highlighted in its handover report the particular use of the made affirmative procedure during the pandemic. I highlight the following extract for interest:
5. More recently, the use of subordinate legislation during the pandemic has highlighted the importance of SSIs in daily life. Well over 100 SSIs have been laid in relation to the coronavirus. These have covered a range of hugely important issues such as travel restrictions, ‘lockdown’ restrictions and tenants’ rights.
6. Over 90 of the coronavirus SSIs have been made subject to the made affirmative procedure. This allows the Scottish Government to bring regulations into force immediately but generally requires them to be approved by the parliament within 28 days in order to remain in force. The Committee had only previously considered a small number of these prior to the pandemic.
7. The Committee has continually acknowledged the requirement for made affirmative instruments during the pandemic so as to allow the Government to respond quickly to the many challenges presented by coronavirus. Nevertheless, it has also said that bringing such substantial changes into force immediately, before any parliamentary scrutiny, should only be used when essential and should not become standard practice when time would allow the affirmative procedure to be used.
Without prejudging the Parliament’s view on the principle of a vaccine certification scheme, I would be grateful if you might update the Committee on which procedure might be used for any regulations related to a possible vaccine certification scheme and your rationale for such a choice.
I would be grateful for a response by midday on Thursday 9 September. I am also copying this letter to the Convener of the COVID-19 Recovery Committee for its interest.
Yours sincerely,
Stuart McMillan MSP
Convener of the Delegated Powers and Law Reform Committee